案例分析题国际商法.pdfVIP

一． Is there any contract between X and Y ? On April 4, Company X, with its place of businessin China, sent an offer by e-mail to Company Y, with its place of business in Australia. The offer concerned 50,000 meters hand-printed cotton cloth and said it would remain open until April 30. On April 10, Company Y answered by e-mail : “The price is too high, and we are not interested in the offer. ” of Company Y changed his mind and sent another e-mail to accept the April 4 offer. ? Question: Is there any contract between company X and Company Y ? Answer and Analysis ? No. Since both China and Australia are Contracting States to the CISG, according to Article 1 would apply here. After receiving the offer of 50,000 meters hand-printed cotton cloth, on April 10, Company Y stated that they were not interested in the offer, which rejected the offer. On April 20, the e-mail sent to accept the April 4 offer should be regarded as a new offer instead of acceptance. Therefore, there was no contract between Company X and Company Y. 二． WORLD-WIDE VOLKSEAGEN V.WOODSON ? United States Supreme Court,1980 ? FACTS: The Robinsons bought a new Audi from SeawayVolkswagen in New York state. While traveling through the State of Oklahoma, the Audi was rearended,causing a fire which severelyburned Mrs. Robinson and her two children. ? The Robinsons sued in tort 侵权行为 in Oklahoma versus retailer Seaway and wholesalerWorld-Wide Volkswagen, both New York corporations that did no business in Oklahonma. Both defendants entered special appearances to contest the trial court’s assertion of personal jurisdiction over them; Woods